Irizarry v. Kauffman et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANGEL IRIZARRY,
Plaintiff
V.
JOHN WETZEL,
Defendant
ORDER
No. 4:22cv1892
(Judge Munley)
(Magistrate Judge Caraballo)
Before the court is a Report and Recommendation ("R&R") from Magistrate
Judge Phillip J. Caraballo , which recommends that the court grant a motion for
summary judgment filed by Defendant John Wetzel. (Doc. 270).
The current R&R was issued on November 18 , 2025. Pursuant to the
Rules of Court for the Middle District of Pennsylvania, Irizarry had fourteen (14)
days to object to the R&R. 	M.D. PA. L.R. 72.3. 	No objections to the R&R have
been filed and the time for such filing has long since passed . The R&R is thus
ready for review.
In deciding whether to adopt an R&R when no timely objections are filed ,
the court must determine if a review of the record evidences plain error or
manifest injustice. FED . R. CIv. P. 72(b), 1983 Advisory Committee Notes ("When
no timely objection is filed, the court need only satisfy itself that there is no clear
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error on the face of the record to accept the recommendation"); see also 28
U.S.C . § 636(b)(1); Sullivan v. Cuyler, 723 F.2d 1077, 1085 (3d Cir. 1983).
After review, the court finds neither clear error on the face of the record nor
a manifest injustice in Magistrate Judge Carabal lo's analysis , and therefore, the
court will accept the R&R and adopt it in its entirety.
Accordingly, it is hereby ORDERED that:
1) The R&R , (Doc. 270), is ADOPTED ;
2) Defendant Wetzel 's motion for summary judgment, (Doc. 253), is
GRANTED;
3) Plaintiff Angel lrizarry's fourth amended complaint, (Doc. 224), is
DISMISSED with prejudice; and
4) The Clerk of Court is directed to close this case.
BY THE COURT:
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